3. Unless otherwise agreed in writing by the Responsible Authority, prior to the

Certification of the Plan of Subdivision, the owner of the land at 53 Cressy

Street Montmorency must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement must provide for:

(a) Each lot can contain no more than one dwelling.

(b) Any dwelling or other buildings to be constructed on the land must:

(i) Be contained within the building envelope;

(ii) Have a building site coverage of no more than 40% of the relevant lot (Site coverage includes all buildings but does not include driveways, pathways and other hard surface areas);

(c) Prior to the commencement of any buildings or works on a lot, a development plan must be submitted to the Responsible Authority for approval. The development plan must show all buildings and works proposed for the lot including excavation, paving, retaining walls and service trenches which shall be designed to:

(i) Satisfy the requirements of the building envelope plan endorsed as part of Planning Permit P749/2015;

(ii) Unless otherwise agreed in writing by the Responsible Authority, incorporate the use of a split level design, including:

• a finished floor level at the lower level no more than 600mm above natural ground level at the front façade;

• site cut to a depth of no more than 1.5m;

• retention of existing surface level within the vicinity of existing and proposed trees, as detailed on the approved landscape plan for the allotment;

(iii) Incorporate a STORM rating of no less than 100;

(iv) Include the use of a rainwater tank and an On-site Stormwater Detention (OSD) system. Engineering plans showing a properly prepared design with computations for the internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas are to be included.

NOTE: Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

(v) Meet the objectives of Council's Neighbourhood Strategy - Semi Bush precinct to the satisfaction of the Responsible Authority;

(vi) Protect existing vegetation indicated as being retained on the building envelope plan endorsed as part of Planning Permit P749/2015. This shall include the appropriate siting of services, site cut and fill and paving.

(d) Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of any buildings and works on a lot, a satisfactory landscape plan for that lot shall be submitted to and approved by the Responsible Authority. In particular the landscape plan must include the following details:

• (i) Details of tree planting throughout the site, which shall include the planting of at least four large trees selected from the "Herb-rich Foothill Forest- Red Stringybark (sheltered hill-slope)" or "Valley Grassy Forest- Yellow Box/Candlebark (footslope)" vegetation communities within each allotment, including at least two such trees

within the frontage setback and at least one within the rear of each lot;

(ii) The provision of an appropriate area of at-grade permeable space beneath existing and proposed trees to allow for their growth to maturity;

(iii) The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(iv) A schedule of all proposed trees, including the location and size at maturity, botanical names;

(v) Location of all areas to be covered by grass, lawn or other surface material as specified;

(vi) Location and details of paving, steps, retaining walls, fence design details and other landscape works including cut and fill.

(e) Unless otherwise agreed in writing by the Responsible Authority, within 3 months of the occupation of a dwelling, the lot must be landscaped and thereafter maintained in accordance with the landscape plan for this lot endorsed pursuant to the agreement.

(f) Unless otherwise approved in writing by the Responsible Authority, the trees indicated for retention on the building envelope plan endorsed pursuant to Planning Permit P749/2015 must be retained and protected on the site.

(g) Unless otherwise agreed in writing by the Responsible Authority, prior to the occupation of any dwelling the dwelling must be numbered in accordance with Council's allocation of street numbers.

(h) The land cannot be further subdivided.

A memorandum of the Agreement is to be entered on title and the cost of the preparation and execution of the Agreement and entry of the memorandum on title is to be paid by the owner.

1. All drainage works required to connect each lot to the legal point of discharge as determined by Council in accordance with the endorsed plans pursuant to Planning Permit P749/2015 must be carried out to the satisfaction of the Responsible Authority prior to the issue of a Statement of Compliance.

1. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage sewerage facilities, electricity and gas services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time.

1. All existing and proposed easements and sites for existing or required utility services and roads on the land must be set aside in the plan of subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.

1. The plan of subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.

1. The owner of the land must enter into an agreement with:
   1. a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider's requirements and relevant legislation at the time; and
   2. a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivision Act 1988, the owner of the land must provide written confirmation from:
   1. a telecommunications network or service provider that all lots are connected to or are ready for connection to telecommunications services in accordance with the provider's requirements and relevant legislation at the time; and
   2. a suitably qualified person that fibre ready telecommunication facilities have been provided in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

1. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if any of the following circumstances apply:
   • (a) The plan of subdivision is not certified within 2 years of the date of this permit;
   • (b) The registration of the plan of subdivision is not completed within five years from the date of certification of the plan.

The Responsible Authority may extend the permit if a request is made in writing in accordance with, and within the timeframes specified, in Section 69 of Planning and Environment Act 1987.

[1] I have considered the submissions of all the parties that appeared. I do not recite or refer to all of the contents of those documents in these reasons.

[2] Maden V Banyule CC [2015] VCAT 178, heard on 9 February 2015, and order dated 25 February 2015.